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AH 05 Utah Criminal History

Version 2.1 by Ryan Larkin on 2016/11/07 18:17

Washington County Sheriff's Office

ADMINISTRATIVE DIVISION

Policy Manual

Volume: AH

Administrative Procedures

Chapter: 05

Utah Criminal History Right of Access

Replaces and/or Supersedes:

None

Published:

07/13/2010

Review Date:

10/31/2016

Sheriff Cory C. Pulsipher

Undersheriff James Standley

TABLE OF CONTENTS

AH 05_102  Definitions

AH 05_103  General

AH 05_104  Fees

AH 05_105  Misuse

AH 05_101  DEFINITIONS

  1. WCSO:  Washington County Sheriff's Office
  2. PCF:  Purgatory Correctional Facility
  3. BCI:  Bureau of Criminal Investigation
  4. FBI:  Federal Bureau of Investigation
  5. UCH:  Utah Criminal History
  6. III (Triple I):  A type of search within the BCI computerized system.
  7. NLETS:  A type of search within the BCI computerized system.
  8. TAC:  Terminal Agency Coordinator

AH 05_102  GENERAL

  1. Policy:
    1. Any citizen with residency in Washington County may request a Right of Access review of their own UCH through the application process with the WCSO.
    2. Any person requesting to review their UCH must complete an application in-person which provides the subject’s date of birth, social security number, full legal name, place of residency, and requester's signature.
    3. UCH print-outs will only be given to the requester in-person after positively identifying him/herself by providing a valid state driver license, state identification card, or a passport.
    4. No batch inquiries will be ran (requests shall not be collected and run by another person).
    5. No FBI (III) or out of state (NLETS) criminal history information will be inquired upon for Right of Access purposes.
  2. Rationale:
    1. Via BCI, right of access to a person's own UCH record is granted by law.
    2. The WCSO is not required to process right of access requests.
  3. Procedure:
    1. The purpose code “P” shall be used when running any Right of Access request.
    2. Staff will enter the name of the person receiving their criminal history record in "requestor" field of the UCJIS transaction.
    3. Staff will use the words "Right of Access" in the auditing purpose field of the UCJIS transaction.
    4. A photocopy of the requester's valid identification, the WCSO application, and receipt of payment will be attached together and filed in the dissemination log file created for each year.
    5. Every page of the UCH print-out (a.k.a., rap sheet) will be stamped with a WCSO stamp which includes the date of printing.
    6. The requester will be informed that the UCH print-out is only valid for the date in which it was printed; thus, being outdated daily.
    7. The requester will be advised that any incorrect or missing data must be addressed directly with BCI so that the information can be corrected.
    8. The following WCSO employees may be allowed to process Right of Access review requests:
      1. TAC (typically only one at any given time);
      2. Alternate TAC (may be multiple at any given time);
      3. Any other WCSO employee who has received specialized training in Right of Access procedures.

AH 05_103  FEES

  1. Polcy:
    1. A fee of twenty dollars ($20.00) may be charged for any person requesting a Right of Access UCH records review through the WCSO.
    2. The fee may be waived by the Sheriff or designee.

AH 05_104  MISUSE

  1. Policy:
    1. The WCSO will conduct an investigation into any complaint or allegation filed involving the misuse of UCH records.
    2. BCI will be notified of any complaint or allegation that the WCSO receives.
    3. Any WCSO employee found in violation of any policy relating to UCH or Right of Access will be reprimanded according to WCSO personnel policies and procedures.
  2. Rationale:
    1. Misconduct involving UCH records may result in serious consequences for the individual and the WCSO; therefore, all complaints and allegations should be investigated.